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Mulvihill Pro-AMS RSP Split Share Corp. (Re), 2011 CanLII 32 — OSC | minicounsel | minicounsel

January 5, 2011

Mulvihill Pro-AMS RSP Split Share Corp. (Re), 2011 CanLII 32

Case Summary

The Applicant, Mulvihill Pro-AMS RSP Split Share Corp., applied to the Ontario Securities Commission and other jurisdictions for a decision that it is no longer a reporting issuer. The Applicant represented that its outstanding securities are beneficially owned by fewer than 15 security holders in each jurisdiction and fewer than 51 in total in Canada, its securities are not traded on a marketplace, and it is not in default of its obligations as a reporting issuer. The Commission was satisfied that the statutory test was met and ordered that the Applicant is not a reporting issuer.

Ontario Commission des P.O. Box 55, 19^th Floor CP 55, 19e étage

Securities valeurs mobilières 20 Queen Street West 20, rue queen ouest

Commission de l’Ontario Toronto ON M5H 3S8 Toronto ON M5H 3S8

Headnote National Policy 11-203 Process for Exemptive Relief Applications in Multiple Jurisdictions – Fund deemed to have ceased to be a reporting issuer – Fund meets requirements set out in CSA Staff Notice 12-307.

Applicable Legislative Provisions

Securities Act, R.S.O. 1990, c. S.5, as amended, s. 1(10). CSA Staff Notice 12-307 – Applications for a Decision that an Issuer is not a Reporting Issuer

January 5, 2011

MULVIHILL PRO-AMS RSP SPLIT SHARE CORP.

121 King Street West, Suite 2600

Standard Life Centre

Toronto, Ontario

M5H 3T9

Dear Sirs/Mesdames:

RE: Mulvihill Pro-AMS RSP Split Share Corp. (the “Applicant”) – Application for a decision under the securities legislation of Ontario, Alberta, Saskatchewan, Manitoba, Quebec, New Brunswick, Nova Scotia, Prince Edward Island, Newfoundland and Labrador (the “Jurisdictions”) that the Applicant is not a reporting issuer

The Applicant has applied to the local securities regulatory authority or regulator (the “Decision Maker”) in each of the Jurisdictions for a decision under the securities legislation (the “Legislation”) of the Jurisdictions that the Applicant is not a reporting issuer.

As the Applicant has represented to the Decision Maker that:

(a) the outstanding securities of the Applicant, including debt securities, are beneficially owned, directly or indirectly, by fewer than 15 security holders in each of the Jurisdictions in Canada and fewer than 51 security holders in total in Canada;

(b) no securities of the Applicant are traded on a marketplace as defined in National Instrument 21-101 – Marketplace Operation;

(c) the Applicant is applying for a decision that it is not a reporting issuer in all of the jurisdictions in Canada, in which it is currently a reporting issuer; and

(d) the Applicant is not in default of any of its obligations under the Legislation as a reporting issuer,

each of the Decision Makers is satisfied that the test contained in the Legislation that provides the Decision Maker with the jurisdiction to make the decision has been met and orders that the Applicant is not a reporting issuer.

“Darren McKall”

Darren McKall

Assistant Manager, Investment Funds Branch

Ontario Securities Commission